How to Demand the return of payment for merchandise not received

UPDATED: Oct 1, 2022

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How to Demand the return of payment for merchandise not received

Paid a 2000.00 down payment for a
Nissan 350z for the total price of
6500.00. Was to take possession of the
car at time of down payment which did
not happen and they won’t return the

Asked on September 30, 2017 under Business Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You sue them: that's how you get your money back when someone does not provide the product, item, etc. you are paying for. Sue in small claims court, as your own attorney ("pro se") on three distinct, but related grounds (or reasons to sue): breach of contract, or violating the agreement by not giving you what you paid for; fraud, if they may have lied about the availability of the car; and also theft by deception, if it was essentially a scam from the beginning and they stole your money by trickery. The court can give you a judgment or order requiring that they pay.

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